Case M10/2011

Shahi v. Minister for Immigration and Citizenship

Case No.

M10/2011

Case Information

Catchwords

Plaintiff arrived by boat in May 2009 as an unaccompanied minor - an offshore entry person - granted a protection visa in September 2009 - plaintiff the proposer of Refugee and Humanitarian visa application for his mother and six other visa applicants - all visa applicants outside Australia - primary visa applicant was his mother - other visa applicants were secondary applicants - delegate of defendant made decision in May 2010 that two visa applicants (plaintiff's sister and her daughter) would be assessed separately from the other visa applicants - visa refused for those 2 applicants in July 2010 - other visa applicants also refused in December 2010 - whether jurisdictional error - whether relevant/irrelevant considerations - whether 'asking the wrong question' - whether excess of jurisdiction in respect of decision to separately assess.